|Filed Under:||Industries / Law|
|Posts on Regator:||2839|
|Posts / Week:||8.9|
|Archived Since:||March 17, 2008|
Jordan v. Jewel Food Stores, Inc. --- F.3d ----, 2014 WL 627603 (7th Cir. Feb. 19) When a commemorative magazine issue celebrating Michael Jordan’s career carries ads referencing that career, how should right of publicity and LanhamShow More Summary
SKEDKO, Inc. v. ARC Products, LLC, 2014 WL 585379, No. 3:13–cv–00696 (D. Ore. Feb. 13, 2014) Short opinion finding that Rule 9(b) applies to Lanham Act false advertising claims (here, counterclaims), because they sound in fraud. Fraud...Show More Summary
Sethavanish v. ZonePerfect Nutrition Co., 2014 WL 580696, No. 12-2907 (N.D. Cal. Feb. 13, 2014) Another case finding that, because the product is cheap and people don’t keep purchase records, and because somebody might lie to get a piece of any ultimate settlement or award, no class action may be maintained. Show More Summary
Shehu, LLC v. Adams, 2014 WL 567832, CV136017710S (Conn. Super. Ct. Jan. 17, 2014) Plaintiffs (a Connecticut lawyer and his firm) sued Adams and his firm, both located in California. In 2012, Adams emailed Shehu, LLC and two employees...Show More Summary
Speech presupposes an infrastructure. Sometimes obvious, sometimes not. NYT isn’t simply the print on the page, it’s a staff and a building and printers and printers’ unions and delivery trucks and ad agencies and all the infrastructure that allows that to happen. Show More Summary
My paper versus the other topics: One of these things is not like the others. Regulation of non-press entities is also an important part of modern speech regulation, and I do think my topic is grounded in Sullivan, although not in Sullivan’s protection for the press as such. Show More Summary
Ben Lee, as a second year, interned at the firm that represented the NYT in NYT v. Sullivan. Now a lawyer for Twitter: 50 years from now when we think of the major episodes in free expression law, we’ll remember the lawyers at Twitter, Google, Tumblr and Wordpress. Show More Summary
Right now reporters have no special protections against trespass, breach of duty of loyalty, having their newsrooms searched, etc. Journalists who receive leaks can be treated as criminals under some circumstances. No special right of access to places/meetings: if we can’t open the door to everyone we don’t open the door at all. Show More Summary
Harvard Law Review Symposium 2014: Freedom of the Press Introduction: Mark Tushnet, Reflections on the First Amendment and the Information Economy Symposium papers provide an opportunity to speculate about 1A issues in modern information economy, which is different from the info economy in 1963. Show More Summary
Gilles v. Ford Motor Co. --- F.Supp.2d ----, 2014 WL 544990 (D.Colo. Feb. 12, 2014) Gilles sued Ford for falsely advertising the gas mileage of his 2013 Ford Escape SE. The court denied a motion to dismiss on preemption grounds. Gilles...Show More Summary
Aceto Corporation v. TherapeuticsMD, Inc., 953 F. Supp. 2d 1269 (S.D. Fla. 2013) Aceto sells various pharmaceutical/nutritional ingredients and other chemicals. Defendants allegedly make and sell a line of prenatal vitamins, Prena1, that violate Aceto’s exclusive US rights to a patented ingredient known as Quatrefolic and to the Quatrefolic mark. Show More Summary
Story via Salon. As repugnant as I find these outfits, this might be a new frontier in identifying false/falsifiable claims.
Report here (pdf). Discusses the three-step test, moral rights, and the superiority of fair use to revised fair dealing. Of note: one reason to adopt fair use is that it provides greater protection for "musical compositions, new films, art works and fan fiction."
Suit accuses Kroger of deception in how chicken were raised.
See the posting here.
Session 4: IP Theory, Parlor B Annemarie Bridy, Internet Payment Blockades Wikileaks: State Department publicly accused Wikileaks of violating US law; payment systems were suspended—PayPal, Visa, Mastercard. Wikileaks ran through cash reserves in less than a year and suspended publication. Show More Summary
Session 3: Copyright Doctrine Patrick Goold, UC Berkeley School of Law (fellow) Is Liability for Copyright Infringement Strict? Strict liability is conduct plus outcome. Fault-based is conduct, outcome, and fault. Fault can be based on the standard of conduct (reasonableness), or the state of mind (intentionality, recklessness). Show More Summary
Jane Perkins makes collage art from found objects. How should we think about the copyright, TM, and right of publicity implications of these: See more at these links and the artist's site, where a print of the latter is available.
The Way We Live Now by David Brooks, by Jody Rosen. Violation of the moral right of attribution? Does this flunk Rogers v. Grimaldi? Is it protected against trademark claims anyway? Transformative work of the day? (Maybe not. I've got another one coming.) Bonus: Jonathan Lethem's The Ecstasy of Influence.
Session 2: First Amendment T.J. Chiang, George Mason University Patents and the First Amendment Patents on methods of communication: why isn’t this a 1A problem? Similar to ©: can prevent other people from saying what they want to say, how they want to say it. Show More Summary